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Garner v. Callaway Partnership

Court of Appeals of Texas, Tenth District, Waco
Feb 23, 2005
No. 10-04-00340-CV (Tex. App. Feb. 23, 2005)

Summary

holding that once a writ of possession was executed the appeal was moot

Summary of this case from Marshall v. Housing Auth. City San Antonio

Opinion

No. 10-04-00340-CV

Opinion delivered and filed February 23, 2005.

Appeal from the County Court at Law No. 1, Johnson County, Texas, Trial Court # C200400427.

Appeal dismissed.

Cori L. Garner, Joshua, TX, pro se.

Charles E. Wear, Law Office of Charles E. Wear, P.C., Arlington, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


This appeal involves a forcible detainer action appealed from justice court to a statutory county court. Because the county court issued a writ of possession which was executed, the appeal is moot, and we will dismiss it. See Kemper v. Stonegate Manor Apts., Ltd., 29 S.W.3d 362, 363 (Tex.App.-Beaumont 2000, pet. dism'd w.o.j.).

The Clerk of this Court notified the appellant that the appeal was subject to dismissal and that the appeal would be dismissed for want of jurisdiction if the appellant did not file a response showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed. Id.


Summaries of

Garner v. Callaway Partnership

Court of Appeals of Texas, Tenth District, Waco
Feb 23, 2005
No. 10-04-00340-CV (Tex. App. Feb. 23, 2005)

holding that once a writ of possession was executed the appeal was moot

Summary of this case from Marshall v. Housing Auth. City San Antonio
Case details for

Garner v. Callaway Partnership

Case Details

Full title:CORI L. GARNER, Appellant v. CALLAWAY PARTNERSHIP, INC., Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Feb 23, 2005

Citations

No. 10-04-00340-CV (Tex. App. Feb. 23, 2005)

Citing Cases

Marshall v. Housing Auth. City San Antonio

Kemper v. Stonegate Manor Apartments, Ltd., 29 S.W.3d 362, 363 (Tex.App.-Beaumont 2000, pet. dism'd w.o.j.);…